DOCSLIB.ORG

An Analysis of Fraud: Causes, Prevention, and Notable Cases

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Analysis of Fraud: Causes, Prevention, and Notable Cases University of New Hampshire University of New Hampshire Scholars' Repository Honors Theses and Capstones Student Scholarship Fall 2012 An Analysis of Fraud: Causes, Prevention, and Notable Cases Kristin A. Kennedy University of New Hampshire - Main Campus Follow this and additional works at: https://scholars.unh.edu/honors Part of the Accounting Commons Recommended Citation Kennedy, Kristin A., "An Analysis of Fraud: Causes, Prevention, and Notable Cases" (2012). Honors Theses and Capstones. 100. https://scholars.unh.edu/honors/100 This Senior Honors Thesis is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Honors Theses and Capstones by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. An Analysis of Fraud: Causes, Prevention, and Notable Cases University of New Hampshire Honors Thesis in Accounting Kristin Kennedy ADMN 799 Professor Le (Emily) Xu Fall 2012 Table of Contents I. Background……………………………………………………………........1 a. What is accounting and what role does financial reporting serve?..........1 b. History of accounting standards………………………………………..2 c. Role of auditing………………………………………………………...5 II. Fraud……………………………………………………………………….6 a. Two types of fraud……………………………………………………..6 i. Misappropriation of Assets…………………………………….7 ii. Misrepresentation of Financial Statements…………………….7 b. Fraud Triangle………………………………………………………….8 c. What to look for in a fraudster…………………………………………9 III. Past Cases of Fraud……………………………………………………….10 a. WorldCom…………………………………………………………….11 b. Tyco International Ltd………………………………………………..15 c. Adelphia Communications Corporation…………………………....…17 IV. Sarbanes-Oxley Act of 2002………………………………………...…....20 a. Analysis of SOX: Costs vs. Benefits…………………………………34 i. Interview of a Current CPA…………………………………..35 V. Recent Case of Fraud…………….……………………………………….38 a. Bernie Madoff Ponzi Scheme………………………………………...38 VI. Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010...41 VII. Conclusion………………………………………………………………..44 I. Background a. What is accounting and what role does financial reporting serve? Accounting is often referred to as the language of business because it facilitates the communication of the financial position of a company in an easily comparable way that various users can understand. In simple terms, accounting involves setting up, maintaining, and reviewing the accounting records of a company in order to properly understand its financial position. There are many users, both internal and external, of the accounting records of an entity. Internal users typically refer to management, while external users refers to investors and lenders. Due to these various users, it is very important that the financial reporting provides a fair representation of the financial position of the company and that the company is disclosing all important financial information they are required to. Without strict oversight and regulations, stakeholders of public companies are susceptible to great risk. As stated in Objective 2 of FASB Concept Statement No. 8: Conceptual Framework for Financial Reporting, “The objective of general purpose financial reporting is to provide financial information about the reporting entity that is useful to existing and potential investors, lenders, and other creditors in making decisions about providing resources to the entity. Those decisions involve buying, selling, or holding equity and debt instruments and providing or settling loans and other forms of credit.” Therefore, general financial reporting is primarily intended to assist external users in investing and lending decisions. Objective 5 of Concept Statement No. 8 goes on to describe why external users are the intended beneficiary of general purpose financial reporting. “Many existing and potential investors, lenders, and other creditors cannot require reporting entities to provide information directly to them and must rely on general purpose financial reports for much of the financial information they need. Consequently, they are the primary users to whom general purpose 1 financial reports are directed.” External users would not have any access to critical financial information if public companies were not required to produce financial statements. The availability of this information allows for more transparent and fair securities markets. Objective 9 explains that the management of the entity is not a primary user because they can obtain the necessary information internally. Objective 10 states that financial reporting of an entity may be useful to regulators or other non-investing members of the public, but these are also not intended to be primary users. Simply stated, financial reporting is meant to protect the investing public and provide confidence in the securities markets. Investors and lenders have the right to fully disclosed, reliable financial information when making investing decisions about an entity. Any benefits received from financial reporting by anyone other than these investors and lenders is above and beyond the primary goal. b. History of accounting standards In American history, the 1920s is often referred to as the “Roaring Twenties”. Social norms were challenged and the country experienced an intense economic boom. Prohibition led to the opening of speakeasies and other underground alcohol markets; the role of women changed vastly; tastes in fashion and music changed immensely; urbanization was at an all time high; and the widespread use of automobiles, telephones, and electricity led to increasing technological growth. The six years leading up to the stock market crash in 1929 represented unprecedented prosperity for most sectors of the American economy (pbs.org). However, during this time of widespread economic gain, the use of fair value accounting and the lack of regulation in the securities markets left investors at great risk. The reported values of many stock prices had no information to justify the value. Banks were lending 2 recklessly with no guarantees to customers and the gap between the wealthiest and poorest Americans was increasing steadily (pbs.org). Although many thought the prosperity of this time could go on indefinitely, the future proved to be much less glorious than anticipated. On October 29, 1929, which came to be known as Black Tuesday, the economic growth came to an abrupt halt as the country saw the stock market completely crash. Vast amounts of Americans had invested their life savings in the stock market without knowing the possible consequences of doing so. This left much of the country in financial devastation and led to a worldwide financial disaster known as the Great Depression, which lasted until 1933. Following the Great Depression, there was a dire need for regulation and full disclosure of accounting records within the securities markets. “Some feel that insufficient and misleading financial statement information led to inflated stock prices and that this contributed to the stock market crash and the subsequent depression” (Spiceland 9). When investors did not have accurate financial information at their disposal, they were prone to making poor investing decisions. The Securities & Exchange Acts of 1933 and 1934 were the first pieces of legislature to require public companies to be audited quarterly and annually. These acts were designed to restore investor confidence in the markets. The 1934 act also created the Securities & Exchange Commission (SEC), which “Congress gave the authority to set accounting and reporting standards for companies whose securities are publicly traded.” (Spiceland 9). A publicly traded company is any company that issues stock, bonds, or other securities to the general public through a stock exchange or other market. Considering the vast number of stakeholder’s of a public company compared to a private company, the guidelines for reporting and auditing a public company are much stricter. 3 The SEC chose to delegate the standard setting process to the private sector; however, the SEC maintains the standard setting power if it does not agree with a specific standard that has been set. The first private body to assume the standard setting task was the Committee on Accounting Principles (CAP). The CAP maintained this position from 1938 until 1959, during which time 51 Accounting Research Bulletins (ARBs) were issued (Spiceland 10). These ARBs dealt with specific accounting issues that arose rather than general accounting framework, which led to significant criticism of the accounting profession. From 1959 through 1973, the Accounting Principles Board (APB) took over the role of public accounting standard setting. In this time, the APB issued 31 Accounting Principles Board Opinions (APBOs), various Interpretations, and four Statements (Spiceland 10). The APB was criticized for a perceived lack of independence because it was composed almost entirely of certified public accountants, meaning the members may have been influenced by their clients to make certain decisions. It is this criticism of the APB that led to the creation of the current standard setting board in 1973, the Financial Accounting Standards Board (FASB). The FASB has a much different structure than the APB, as it has seven full-time members elected to five year terms, where the APB had only part-time members (fasb.org). Also, while all members of the APB belonged to the AICPA, members
Load more

Recommended publications
  • Enron and One.Tel: Employee Entitlements After Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream)
    SMU Law Review Volume 56 Issue 2 Article 10 2003 Enron and One.Tel: Employee Entitlements after Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream) Louise W. Floyd Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Louise W. Floyd, Enron and One.Tel: Employee Entitlements after Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream), 56 SMU L. REV. 975 (2003) https://scholar.smu.edu/smulr/vol56/iss2/10 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. ENRON AND ONE.TEL: EMPLOYEE ENTITLEMENTS AFTER EMPLOYER INSOLVENCY IN THE UNITED STATES AND AUSTRALIA (AUSTRALIAN RENEGADES CHAMPIONING THE AMERICAN DREAM?) Louise W. Floyd* Enron 401(k) Chief Defends Handling of Plan, Discloses He Sold Stock in June -The Wall Street Journal, February 8, 2002.' Scandal of unpaid workers-The One. Tel Meltdown -The Australian, June 6, 2001.2 ARGE-scale corporate collapse is, sadly, a familiar problem in the United States and Australia. The issues raised by such calamities, in terms of corporate governance and accounting standards, are being addressed by articles in the fall edition of this journal that deal with * Barrister, Supreme Courts of New South Wales and Queensland; Lecturer in Law, T.C. Beirne School of Law, The University of Queensland, Australia. The author wishes to thank the many people who enriched her life and understanding of American law and culture throughout her 2002 sabbatical to the United States, during which time this article was written.
    [Show full text]
  • Pdf File of Paper
    DOES CORPORATE GOVERNANCE MATTER IN THE MARKET RESPONSE TO MERGER ANNOUNCEMENTS? Evidence from the U.S. and Germany Paul Lowengrub,a Torsten Luedecke,b and Michael Melvinc April 2004 ________________________________________________________________________ German executives can make misleading statements regarding merger activities while U.S. executives must either state “no comment” or provide a truthful statement. Do these differences in corporate governance standards cause differences in the market response to merger announcements? A sample of German and U.S. firms that announced acquisition plans between 1995 and 1999 suggests that for smaller firms, merger news has no significant impact on cumulative abnormal returns for German firms but a significant positive impact for U.S. firms. Large German firms, however, have similar experiences to large U.S. firms, as do German firms listed on a U.S. stock exchange, which require greater disclosure requirements. Aside from the smaller-firm effect, the evidence is consistent with no price-relevant differences arising from the differences in corporate governance rules. JEL Classification: G34 _______________________________________________________________________ aCapAnalysis, Washington, D.C., USA bUniversity of Karlsruhe (TH), Karlsruhe, Germany cArizona State University, Tempe, Arizona, USA 1 DOES CORPORATE GOVERNANCE MATTER IN THE MARKET RESPONSE TO MERGER ANNOUNCEMENTS? Evidence from the U.S. and Germany I. INTRODUCTION This paper addresses the following question: Does the market response to a merger announcement depend upon the regulations applying to corporate disclosure? Cross-country differences in securities laws and enforcement result in countries where firm executives must answer public questions about merger talks truthfully or else offer “no comment” while in other countries it is possible to make statements that the public may view as misleading.
    [Show full text]
  • IJBEM-2017-4(4)-82-94.Pdf
    International Journal of Business, Economics and Management 2017 Vol. 4, No. 4, pp. 82-94 ISSN(e): 2312-0916 ISSN(p): 2312-5772 DOI: 10.18488/journal.62.2017.44.82.94 © 2017 Conscientia Beam. All Rights Reserved. IMPLICATIONS OF ACCOUNTANTS’ UNETHICAL BEHAVIOR AND CORPORATE FAILURES Udeme Enobong 1Faculty of Social and Management Sciences Department of Accounting Eshiet1 Akwa Ibom State University Obio Akpa Campus Akwa Ibom State Nigeria ABSTRACT Article History Purpose/objective: Emphasis on short term profit and share prices as criteria for the Received: 19 November 2015 determination of business success have led to attrition of stakeholder trust and Revised: 23 June 2016 Accepted: 22 March 2017 unlocked the doors for unethical conducts by professional accountants. Acceptable Published: 3 August 2017 ethics and encounters of accountants are very critical in the global market place. This study was undertaken to advocate high ethical practices by accountants to protect the interest of the stakeholders. Methodology/approach: A literature review of fifteen Keywords scholarly peer-reviewed journal articles on corporate scandals caused by unethical Accounting profession behaviors of corporate leaders and accountants. Findings: (1) Unethical practiced by Accountants Corporate failures accountants have unintended consequences globally; (2) The accounting profession has Ethics suffered severe image damages as a result of unethical behaviors by corrupt Reorganization Tyco international accountants; (3) Unethical behaviors by accountants significantly contributed to the Stakeholders. global corporate scandals, the Nigerian banking sector reorganization, and the extinction of some global companies from 2002 - 2009; (4) With the right corrective measures, organizations plagued with scandals can survive ethical challenges; (5) Audit committees oversight functions are critical in preventing corporate scandals; (6) (Un) ethical behaviors by professional accountants, organizational leaders is a tenable leadership theory.
    [Show full text]
  • Does Economics and Business Education Wash Away Moral Judgment Competence?
    J Bus Ethics DOI 10.1007/s10551-016-3142-6 Does Economics and Business Education Wash Away Moral Judgment Competence? 1 1 2 Katrin Hummel • Dieter Pfaff • Katja Rost Received: 30 October 2015 / Accepted: 21 March 2016 Ó Springer Science+Business Media Dordrecht 2016 Abstract In view of the numerous accounting and cor- Keywords Economics and business education Á Moral porate scandals associated with various forms of moral judgment competence Á Moral reasoning Á Self-selection misconduct and the recent financial crisis, economics and effect Á Treatment effect business programs are often accused of actively con- tributing to the amoral decision making of their graduates. Abbreviations It is argued that theories and ideas taught at universities CMD Cognitive moral development engender moral misbehavior among some managers, as DIT Defining issues test these theories mainly focus on the primacy of profit-max- MJC Moral judgment competence imization and typically neglect the ethical and moral MCT Moral competence test dimensions of decision making. To investigate this criti- cism, two overlapping effects must be disentangled: the self-selection effect and the treatment effect. Drawing on Introduction the concept of moral judgment competence, we empirically examine this question with a sample of 1773 bachelor’s The recent economic and financial crisis as well as and 501 master’s students. Our results reveal that there is accounting and corporate scandals over the last decades neither a self-selection nor a treatment effect for economics such as Enron (2001), WorldCom (2002), Global Crossing/ and business studies. Moreover, our results indicate that— Qwest (2002), Merck & Co. (2002), AOL Time Warner regardless of the course of studies—university education in (2002), Tyco International (2002), Computer Associates general does not seem to foster students’ moral (2004), Swissair (2001), Ahold (2003), YLine (2003), development.
    [Show full text]
  • The Pattern of Fraudulent Accounting : Ethics, External Auditing and Internal Whistle-Blowing Process
    Journal of Governance and Regulation / Volume 5, Issue 4, 2016 THE PATTERN OF FRAUDULENT ACCOUNTING : ETHICS, EXTERNAL AUDITING AND INTERNAL WHISTLE-BLOWING PROCESS Loredana Ferri Di Fabrizio * * University “Gabriele d’Annunzio”, Chieti-Pescara, Italy Abstract How to cite this paper: Ferri Di The ongoing debate in the literature centres on the compromised Fabrizio, L., (2017). The Pattern Of auditor’s independence in consequence of the relevant provisions Fraudulent Accounting : Ethics, External Auditing And Internal Whistle-Blowing perceived for non-audit services provided to the audited clients. Process. Journal of Governance and The accounting scandals that have occurred over the past two Regulation, 6(1), 12-25. decades show the lack of competence and independence of external http://dx.doi.org/10.22495/jgr_v6_i1_p2 auditors, who kept quite in the face of attempted frauds. The case Copyright © 2017 The Author of Tesco represents an undeniable example of the loss of auditor’s independence, who failed to detect accounting manipulation This work is licensed under the Creative Commons Attribution-NonCommercial confirming the importance of whistle-blowing procedures in 4.0 International License (CC BY-NC 4.0) disclosing concerns before they become serious problems. When http://creativecommons.org/licenses/b turnover occurs in CEOs it is more likely that a rotation in external y-nc/4.0/ auditors occurs as well. Finally, changes in top management enable ISSN Online: 2220-9352 whistle-blowing actions to be successful, interrupting the ISSN Print: 2306-6784 organization’s dependence on serious wrongdoings and preventing Received: 26.11.2016 a disastrous ending. The success of whistle-blowing in preventing Accepted: 20.12.2016 company failure makes it an effective instrument of сorporate пovernance.
    [Show full text]
  • Creative Accounting, Fraud and International Accounting Scandals
    Creative Accounting, Fraud and International Accounting Standards Michael Jones University of Bristol [email protected] 1 Overview • Based on Book: Creative Accounting, Fraud and International Accounting Scandals • Investigates nature of creative accounting and fraud • Examines history of accounting scandals • Looks at creative accounting, fraud and accounting scandals in 13 countries worldwide • Focus on political aspects 2 Creative Accounting 3 Two Quotes “How do you explain to an intelligent public that it is possible for two companies in the same industry to follow entirely different accounting principles and both get a true and fair audit report?” M. Lafferty “Every company in the country is fiddling its profits”. I. Griffiths 4 Definitions 1. Fair Presentation Using the flexibility within accounting to give a true and fair picture of the accounts so that they serve the interests of users 5 Definitions 2. Creative Accounting Using the flexibility within accounting to manage the measurement and presentation of the accounts so that they serve the interests of preparers 6 Definitions 3. Impression Management Using the flexibility of the accounts (especially narrative and graphs) to convey a more favourable view than is warranted of a company’s results serving the interests of preparers 7 Definitions 4. Fraud Stepping outside the Regulatory Framework deliberately to give a false picture of the accounts 8 Definitions No Flexibility to give Flexibility to Flexibility to Flexibility a “true and fair“ give a give a view creative view fraudulent view Regulatory Working within Working within Working framework regulatory regulatory framework outside eliminates framework to ensure to serve preparer’s regulatory accounting choice users’ interests interests framework Within regulatory framework Outside regulatory framework 9 Managerial Motivation 1.
    [Show full text]
  • Process, Not Structure: an Organizational Behavior
    SHARPE - JCI.DOC (DO NOT DELETE) 3/28/2012 8:12 PM ARTICLES PROCESS OVER STRUCTURE: AN ORGANIZATIONAL BEHAVIOR APPROACH TO IMPROVING CORPORATE BOARDS NICOLA FAITH SHARPE* ABSTRACT History has shown that the scholarly and regulatory focus on board composition and structure is a dangerously incomplete solution to the problems that have caused recent corporate failures. The media and corporate scholars have assigned much of the blame for the 2008 financial crisis and the Enron-era corporate scandals to corporate boards. The conventional diagnosis of these ills is that boards were largely at fault because they failed to effectively monitor corporate officers. Unfortunately the conventional diagnosis of the problem is incomplete and the policy prescriptions flowing from this faulty diagnosis are unlikely to address the very real problems that continue to plague corporate governance. * Associate Professor of Law and Richard W. and Marie L. Corman Scholar, University of Illinois College of Law. J.D., Yale University, M.B.A., Yale University, B.A. Cornell University. Email: [email protected]. © 2012 Nicola Faith Sharpe. For helpful comments and suggestions, I am grateful to Michael Abramowicz, Jena Martin Amerson, Lisa Fairfax, George Geis, Patrick Keenan, Donald Langevoort, Larry Ribstein, Usha Rodrigues, Arden Rowell, Jamelle Sharpe, Lynn Stout, Suja Thomas, Cindy Williams, and participants in the faculty workshops at the George Washington University Law School Center for Law, Economic, and Finance, Northwestern University School of Law, the University of Illinois College of Law, and Washington University in St. Louis School of Law. I would also like to thank participants in the Loyola University Chicago School of Law and Notre Dame Law School faculty workshops at which I presented some of the ideas found in this Article.
    [Show full text]
  • In-House Communitytm of IN-HOUSE LEGAL & COMPLIANCE PROFESSIONALS ALONG the NEW SILK ROAD (ASIA-MENA)
    In-House CommunityTM OF IN-HOUSE LEGAL & COMPLIANCE PROFESSIONALS ALONG THE NEW SILK ROAD (ASIA-MENA) Annual Report Q1 – 2016 www.inhousecommunity.com TM In-House Community Annual Report Q1 – 2016 “The In-House Community™ provides a unique combination of best practice sharing, networking, news and technical updates that all practitioners need in order to meet the competing pressures of legal coverage, compliance & commerce. The In-House Community™ empowers the modern lawyer to work smarter and become a trusted business partner” Trevor Faure, Global Adviser, Legal Transformation Former General Counsel, Ernst & Young Global, Tyco International, Dell & Apple EMEA Author of “The Smarter Legal Model: more from less” “Through the In-House Congress series, ASIAN-MENA COUNSEL’s In-House Community provides a home for senior in-house counsel. I am proud to call myself a member of this community” Evangelos Apostolou, President, EMEA SirionLabs, ex-General Counsel, Asia-Pacific, and Partner, Ernst & Young and ex-General Counsel, Asia-Pacific, British Telecom 2 Contents Introduction ..............................................................................................................4 Breakdown of the In-House CommunityTM ..........................................................6 Growth of the Community .....................................................................................7 Community Forums ............................................................................................. 8-9 Corporate Credo ....................................................................................................13
    [Show full text]
  • Auditing Techniques to Avoid Cost Accounting Frauds
    Volume 7 No 2 (2018) | ISSN 2158-8708 (online) | DOI 10.5195/emaj.2018.134 | http://emaj.pitt.edu Auditing Techniques to Avoid Cost Accounting Frauds Vedat Akman Beykent University, Turkey | [email protected] Berkan Acar Yalova University, Turkey | [email protected] Cevdet Kızıl Istanbul Medeniyet University, Turkey | [email protected] Volume 10 No 1 (2020) | ISSN 2158-8708 (online) | DOI 10.5195/emaj.2020.210 | http://emaj.pitt.edu |Abstract Today, we observe the importance of accuracy of financial statements in every corporation. Accounting scandals have caused important losses both in the macro and micro levels. This issue proves the significance of financial statement accuracy. This accuracy is provided by the trust environment. Therefore, it is necessary to provide the required environment of confidence for financial markets to improve and function effectively against increasing accounting frauds gradually. That can only be possible by using different auditing techniques, running inventory counting such as cash and stock, establishing strong internal controls, managing efficiently and benefiting from technology integrated auditing. The aim of this study is to investigate the most effective auditing techniques to avoid cost accounting frauds. In this research, the most effective auditing techniques for detecting and preventing fraud are investigated by using the case analysis method. Also, the well known scandals related with Olympus, Worldcom, Tesco, Sunbeam and Parmalat companies are examined as a part of the case analysis. Finally, recommendations and suggestions regarding fraud prevention methods are presented. Keywords: Accounting, Cost Accounting, Auditing, Scandals, Fraud New articles in this journal are licensed under a Creative Commons Attribution 3.0 United States License.
    [Show full text]
  • In Light of the Recent Corporate Accounting Scandals, Business
    International Business & Economics Research Journal – February 2007 Volume 6, Number 2 Corporate Ethics: China vs. USA Peng S. Chan, (E-mail: [email protected]), California State University, Fullerton Dennis Pollard, (E-mail: [email protected]), California State University, Fullerton Shirley Chuo, (E-mail: [email protected]), American InterContinental University ABSTRACT Fairness is one of the basic aspects of business exchange. Ethics are principles used to establish fairness. This study will look at background and origins for different American and Chinese ethical beliefs. It is important for U.S. and Chinese firms to understand each other’s cultural perspectives, especially as the Chinese market opens up. Methods to resolve ethical conflict will be reviewed. Business agents from both cultures can relate and deal with each other if they have the knowledge, skills, and patience to do so. This study builds on prior research that suggests that younger Chinese are more concerned with profit than with abiding by regulations or adhering to corporate ethics. The major argument of this study is that future Chinese business leaders, born after China’s one- child policy was implemented in 1979, will be primarily concerned with self-interest and making decisions that will benefit them individually. Guanxi (interpersonal connections or human relationships), corporate ethics and social responsibility (CESR) beliefs will be reduced in importance and influence. American managers should incorporate this information when formulating a “China strategy”. INTRODUCTION ne of the most fundamental aspects of business is fairness. When two parties meet to transact business each desires to obtain a product that is of least equal value for the item they are exchanging.
    [Show full text]
  • The Evolution of Presentational Changes to Corporate Social Responsibility Disclosures: an Historic Analysis of an Electricity Company Quinn, M., & Ruane, H
    The evolution of presentational changes to Corporate social responsibility disclosures: An historic analysis of an electricity company Quinn, M., & Ruane, H. (2018). The evolution of presentational changes to Corporate social responsibility disclosures: An historic analysis of an electricity company. Revista de Ciências Empresariais e Jurídicas, 30, 7. Published in: Revista de Ciências Empresariais e Jurídicas Document Version: Publisher's PDF, also known as Version of record Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights © 2019 The Authors. This is an open access article published under a Creative Commons Attribution-NonCommercial-ShareAlike License (https://creativecommons.org/licenses/by-nc-sa/4.0/), which permits use, distribution and reproduction for non-commercial purposes, provided the author and source are cited and new creations are licensed under the identical terms. General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:24. Sep. 2021 RCEJ/Rebules | N.º 30 - 2018 | pp.
    [Show full text]
  • Enron and One.Tel: Employee Entitlements After Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream) Louise W
    SMU Law Review Volume 56 | Issue 2 Article 10 2003 Enron and One.Tel: Employee Entitlements after Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream) Louise W. Floyd Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Louise W. Floyd, Enron and One.Tel: Employee Entitlements after Employer Insolvency in the United States and Australia - (Australian Renegades Championing the American Dream), 56 SMU L. Rev. 975 (2003) https://scholar.smu.edu/smulr/vol56/iss2/10 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. ENRON AND ONE.TEL: EMPLOYEE ENTITLEMENTS AFTER EMPLOYER INSOLVENCY IN THE UNITED STATES AND AUSTRALIA (AUSTRALIAN RENEGADES CHAMPIONING THE AMERICAN DREAM?) Louise W. Floyd* Enron 401(k) Chief Defends Handling of Plan, Discloses He Sold Stock in June -The Wall Street Journal, February 8, 2002.' Scandal of unpaid workers-The One. Tel Meltdown -The Australian, June 6, 2001.2 ARGE-scale corporate collapse is, sadly, a familiar problem in the United States and Australia. The issues raised by such calamities, in terms of corporate governance and accounting standards, are being addressed by articles in the fall edition of this journal that deal with * Barrister, Supreme Courts of New South Wales and Queensland; Lecturer in Law, T.C. Beirne School of Law, The University of Queensland, Australia. The author wishes to thank the many people who enriched her life and understanding of American law and culture throughout her 2002 sabbatical to the United States, during which time this article was written.
    [Show full text]